Proposed new regulatory rules for software as a medical device will, if enacted, have serious implications for suppliers to the Australian market, who will likely have to meet more stringent requirements that could conflict with those in the US and Europe. Special Counsel Ric Morgan and Senior Associate Tracy Lu look at the changes, and at what you should be considering now.

In a landmark copyright decision, the Full Federal Court has upheld a decision that copyright in both the White Pages and the Yellow Pages directories was not made out because computer programs, rather than human authors, had done the crucial work of arranging the information and producing the particular form of its expression. Partner Jackie O’Brien and Law Graduate Henry Fraser report.

As the opening for applications for the new generic top level domain names (eg .YOURBRAND) draws closer, Partner Tim Golder, Senior Associate Jesse Gleeson and Law Graduate Nadia Guadagno look at the proposed final version of the Applicant Guidelines recently released by the Internet Corporation for Assigned Names and Numbers and recommend that companies start preparing now

Businesses that handle, store and distribute certain medicines at the wholesale level should be aware of new standards about to be released by the Therapeutic Goods Administration. Partner Sarah Matheson, Senior Associate Ric Morgan and Lawyer Harry Evans report on the new Code of Good Wholesaling Practice for Medicines which provides additional guidance for the supply of pharmaceuticals beyond the Code of Good Manufacturing Practice

A recent Federal Court decision was a pyrrhic victory for the applicant, whose success in establishing that the respondent’s marks were deceptively similar to its registered trade marks was overridden by a number of defences and a successful action by the respondent to have the trade marks removed for non-use. Partner Tim Golder and Lawyer Nadia Guadagno look at a case which is significant as it held that a trade mark may be infringed by taking only an essential element of the mark, and that ‘use’ of a trade mark may be established by a relatively small amount of promotional activity

The Full Court of the Federal Court has rejected the appeal from an earlier decision that found Men At Work’s hit song Down Under infringed the copyright in the popular folk tune Kookaburra Sits in the Old Gum Tree. EMI’s liability for the authorisation of infringement is yet to be determined. Partner Miriam Stiel and Law Graduate Tracy Lu report on this latest decision

Early next year, the domain name frontier will open up and eligible entities will be able to apply for their own generic top-level domains, presenting significant opportunities and challenges for businesses. Partner Tim Golder, Senior Associate Jesse Gleeson, Trade Marks Attorney Carissa Apps and Law Graduate Andrew Wilcock look at the issues

xxx domain names will be available for registration in early September. While .xxx domain names are intended for adult content, trade mark holders in other industries will be able to take advantage of a ‘sunrise period’ to defensively register their trade marks so as to remove the risk of brand-jacking and cyber-squatting. Partner Andrew Wiseman, Senior Associate Jesse Gleeson and Law Graduate Andrew Wilcock look at what is involved

Although recently tested in the High Court, the issue of whether copyright exists in a compilation remains difficult to define and ultimately involves a consideration of intellectual input. Partner Tim Golder and Law Graduate Courtney McLennan look at a case where the Federal Court displayed a certain latitude in finding the existence of originality.

IP Australia is currently considering draft legislation that proposes some major changes to, and developments in, IP protection in Australia. This will include consideration of submissions made by all interested stakeholders over recent weeks. In this article, Partner Trevor Davies and PTA Technical Assistant Sean Blasdall highlight some of the key features covering patents, and Partner Tim Golder and Senior Associate Anna Thorburn highlight some of the key features covering copyright, trade marks and designs

A new national register for business names is to be established, to replace the inconvenient and costly state-based systems that are currently in operation. Partner Tim Golder and Law Graduate Claire Agius report

In a ‘rare case’ in patent law, a fundamental lack of clarity concerning the performance and function of an aspect of the claimed invention doomed the relevant claims of the patent to invalidity. Partner Sarah Matheson, Senior Associate Tom Reid and Law Graduate Courtney McLennan report on this recent case

The Full Court of the Federal Court has overturned an earlier decision that servingware maker Bodum’s reputation in its ‘Chambord’ coffee plunger was ‘distinctly tied’ to its Bodum name. Partner Tim Golder and Senior Associate Anna Thorburn report on this latest decision

The Full Federal Court has unanimously overturned a controversial decision concerning patent infringement, holding that commonsense should prevail when approaching the construction of patent claims. Ordinary words in claims should be given their plain and ordinary meaning, as a person skilled in the art would understand them. Partner Chris Bird and Senior Associate Lester Miller report on a case that will be welcome news to patentees

A recent decision of the Full Court of the Federal Court will have a major flow-on in relation to the issue of patent validity in Australia. Partner Richard Hamer, Senior Associate Louise Brunero and Law Graduate Claire Agius report on the successful appeal by Alphapharm, Generic Health and Sigma that will open the market to products in competition with Pfizer’s highly successful anti-depressant, Efexor XR (venlafaxine hydrochloride).

In a decision that provides a useful analysis of what constitutes misleading and deceptive conduct in online advertising, the Federal Court recently dismissed the Australian Competition and Consumer Commission’s allegations that Google, by publishing ‘Sponsored Links’ with its search results, had engaged in misleading and deceptive conduct. The ACCC has appealed the court’s decision. Partner Miriam Stiel and Lawyer Chris Govey discuss the court’s reasons and the possible implications for your business

The Federal Government has released a response to three different inquiries relating to the patenting of genes and related biological materials. Partner Sarah Matheson, Senior Associate Tom Reid and Vacation Clerk Lauren John report on the response, which has particular significance to biotech industry participants

The Federal Court has held that Optus’s ‘TV Now’, which allows users to record and play back free-to-air television programs on various devices, does not infringe the rights of those who own copyright in the television programs. Partner Andrew Wiseman and Summer Clerk Ashleigh Shand report

Companies and individuals that own, license or hold security interests in intellectual property should be aware that the Personal Property Securities Register will go live on 30 January 2012, ushering in the reforms implemented by the Personal Property Securities Act 2009. Partner Tim Golder, Senior Associate Tom Reid and Vacation Clerk Geoff McGrath look at the transitional arrangements and the implications of the new regime

In a much anticipated judgment, the High Court unanimously upheld the finding of the Full Federal Court and trial judgment that an Internet service provider was not liable for authorising the copyright infringements of its customers. However, the judgment does not entirely close the door to a finding of authorisation by an ISP. Partner Miriam Stiel and Lawyer Rob Clark report on the decision